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2025 Supreme(Online)(Ker) 68814

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
BINITHA M. MATHAI – Appellant
Versus
M HEMALATHA – Respondent
CON.CASE(C) NO. 1790 OF 2025 | WP(Crl.) NO.333 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.JOHNY K.GEORGE, SMT. ATHULYA MARTIN, SRI. SONY P.G.
For the Respondents: SR PP SMT SEETHA S

Failure to show contempt as the Special Team was actively pursuing lawful execution of a court order.

Headnote:The court reviews the contempt case alleging violation of a previous judgment in WP (Crl) No. 333/2025, directing a Special Team to execute an arrest warrant. The Public Prosecutor reports progress by the Special Team, tracing the defaulter, rendering no contempt found. Therefore, it is concluded that the Family Court will monitor further actions.

Table of Content
1. contempt case filed regarding execution of a prior judgment. (Para 2)
2. no contempt found; the family court will oversee the actions. (Para 3)

JUDGMENT

This contempt case is filed alleging violation of the judgment dated 20.05.2025 in WP (Crl) No. 333/2025. This Court disposed the above case with the following directions :

1) “The 3rd respondent will constitute a Special Team to execute the warrant issued as evident from Annexure-A2 and A3 within one week from the date of receipt of a certified copy of this judgment.

2) The Special Team constituted will submit a report before the jurisdictional Family Court about the steps taken within one month from the date on which they took charge.

3) The Family Court, Pathanamthitta will monitor the steps taken by the Special Team.”

2. The Public Prosecutor on instructions submitted that a special team to execute the execution warrant to arrest the defaulter is already constituted and the special team is doing their level best to execute the warrant. It is submitted that the phone number of the defaulter is traced out. It is also submitted that he is shifting from one place to the other. The Public Prosecutor submitted that the special team will do the needful, in accordance with law. It is also submitted that the matter is reported to the jurisdictional court also. This Court in the above judgment already directed the Family Court, Pathanamthitta to monitor the steps taken by the special team. The Family Court, Pathanamthitta will monitor the steps taken by the special team. The special team will file regular reports before the jurisdictional Family Court.

3. In the light of the submissions of the Prosecutor, I think there is no contempt. The Family Court, Pathanamthita will monitor the steps taken by the special team constituted by this Court. Registry will forward a copy of this order to the Family Court, Pathanamthitta.

With the above observation, this contempt case is closed.

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